• Age Discrimination in Employment Act – 1967 – Protects people 40 – 65 from being fired– 25 or more employees

• Americans with Disabilities Act – 1990– Firms with 15 + employees– Cannot discriminate against a qualified

individual

Wage and Hour Laws

• Davis – Bacon Act (1931) – Determines the minimum wage and fringe benefits

that a person must be paid on a federally assisted job– Applies to all projects over $2000– Federal minimum wage rates published every Friday

in the Federal Register

• Copeland Act (1934)– Anti-kickback law– In effect wherever Davis - Bacon is in effect

• Fair Labor Standards Act (1938)– Wage and Hour Law– Governs :

• Minimum wage• Maximum hours• Overtime pay• Equal pay• Child labor standards

– Employers who violate law are liable for 2x unpaid wages and overtime costs + legal fees

• Equal Pay Act (1963)– Amended Fair Labor Standard Act– Cannot pay one sex more than the other for equal

work– Minimum age = 16

• Contract Work Hours and Safety Standards Act (1962)– Says workers must be paid at least 1x the basic rate

for hours over 8 per day or 40 per week

• States also have wage rate laws– State rates are used on jobs in state using

state $– If project uses both federal and state $ then

higher rate applies

• National Apprenticeship Act ( 1937)– Promote cooperation between management

and labor in developing apprenticeship programs

– 1971 Bureau of Apprenticeship and Training approved national apprenticeship standards

– Open shops could now have apprentices

• Ethnic Minorities and Women in Construction– Public Works Employment Act (1977)– $4B in subsides for construction projects

• But had to be at least 10% minority companies, subs, subcraftman, suppliers

– Minority Business Enterprise (MBE)• Woman or minority owned• Sprang up as a result of Act• Many woman owned businesses today

• Labor Relations– RPR is not involved in labor-management

problems on construction site

• Collective Bargaining in Labor relations– Under National Labor Relations Act both

management and Labor must bargain in good faith

– Usually Associations of GC will negotiate with Unions

• Master Labor agreements result

Construction Safety

• Congress passed OSHA in 1970– Imposed national standards on construction

industry– States could each pass their own version of

OSHA but had top be at least equal to Federal– Imposes strict safety and health standards

• OSHA prepared a 1 volume reference – Part 1926 to deal with construction rules and regulations– Pg 226 list

• General Responsibility for Construction Safety– Management supported accident prevention

program– GC is held liable by OSHA for project

• Subs must also have safety programs which the GC must monitor

• Sub is also liable to OSHA

• Owner Participation in Safety Program– 2 views– Stay away from safety program

• Local public agencies and private firms• Limits liability• Do not review or participate in development of

safety program• Do not review contractor’s safety performance• If you encounter a safety hazard take appropriate

action

– Get involved• Federal, state projects and utilities• Agency or utility shares responsibility for the

hazards on a construction site• Reduce risk by participating in prevention• Party in control is liable